How often Capacity: prodigals, insolvents and mental illness is asked

Where it was asked

What costs marks here

The questions

1. May/Jun 2019, Q152 marks · multiple choice

   This section consists of 15 multiple-choice questions, each worth 2 marks, for a total of 30 marks. Unique number 479603. Answer these questions on the mark-reading sheet and copy the answers to the examination paper. Indicate which one of the following statements is correct.

2. May/Jun 2019, Q4.13 marks

   This question deals with the legal status of minors, prodigals and insolvents. Provide a list of three different ways in which a person's minority status can come to an end.

3. May/Jun 2019, Q4.24 marks

   This question deals with the legal status of minors, prodigals and insolvents. Draw a comparison between the legal capacity of a prodigal who has been placed under interdiction and the legal capacity of a person who has been declared insolvent.

4. May/Jun 2019, Q4.33 marks

   This question deals with the legal status of minors, prodigals and insolvents. An insolvent person is permitted to conclude contracts only in certain limited circumstances. Where an insolvent concludes a contract in violation of these restrictions, that contract will nonetheless remain valid provided that certain requirements are satisfied. Set out these requirements.

5. May/Jun 2011, QA.142 marks · multiple choice

   This is Section A, the multiple-choice component of the Law of Persons (Private Law) examination. Candidates must mark their answers on the mark-reading sheet and then transfer (copy) those same answers onto the examination paper itself. The unique number for this section is 472051 for PVL1501 or 487164 for PVL101Q. Fifteen questions are set, each worth 2 marks, giving a section total of 30 marks. Gavin has been declared mentally ill. During a lucid interval, he concludes a contract with Ben. Determine the status of this contract: option 1, void; option 2, voidable at Gavin's choice; option 3, valid; or option 4, voidable at Ben's choice.

6. May/Jun 2011, Q4(a)(i)1 mark

   This question concerns Ntabiseng, a 17-year-old minor, and her relationships with Peter (a major), as well as a separate scenario involving Bobby and Andrew regarding intoxication and contractual capacity. Ntabiseng, who is 17 years old, enters into a valid civil marriage with Peter, who is a major. State what effect this event has on Ntabiseng's status.

7. May/Jun 2011, Q4(a)(ii)1 mark

   This question concerns Ntabiseng, a 17-year-old minor, and her relationships with Peter (a major), as well as a separate scenario involving Bobby and Andrew regarding intoxication and contractual capacity. Ntabiseng, who is 17 years old, enters into a valid customary marriage with Peter, who is a major. State what effect this event has on Ntabiseng's status.

8. May/Jun 2011, Q4(a)(iii)1 mark

   This question concerns Ntabiseng, a 17-year-old minor, and her relationships with Peter (a major), as well as a separate scenario involving Bobby and Andrew regarding intoxication and contractual capacity. Three months after Ntabiseng and Peter's civil marriage, while Ntabiseng is still 17 years old, Peter dies. State what effect this event has on Ntabiseng's status.

9. May/Jun 2011, Q4(b)2 marks

   This question concerns Ntabiseng, a 17-year-old minor, and her relationships with Peter (a major), as well as a separate scenario involving Bobby and Andrew regarding intoxication and contractual capacity. Ntabiseng is 17 years old and wants to enter into a civil union with Peter, a major, but her parents inform her that this is not possible. She asks you whether her parents are correct, and requires you to give the reason(s) supporting your advice.

10. May/Jun 2011, Q4(c)4 marks

    This question concerns Ntabiseng, a 17-year-old minor, and her relationships with Peter (a major), as well as a separate scenario involving Bobby and Andrew regarding intoxication and contractual capacity. One evening, after having a few drinks at a pub, Bobby purchases a motor car from his friend Andrew. The next morning Bobby regrets the purchase and attempts to escape the contract by claiming he was drunk the previous night. Andrew comes to you for advice, telling you that Bobby was in fact not drunk. You are required to advise Andrew on whether Bobby is liable under the contract, giving the reason(s) for your conclusion, and in doing so to fully explain to Andrew how intoxication affects a person's capacity to act.

11. May/Jun 2011, Q4(d)1 mark

    This question concerns Ntabiseng, a 17-year-old minor, and her relationships with Peter (a major), as well as a separate scenario involving Bobby and Andrew regarding intoxication and contractual capacity. Fill in the blank: the age of majority in South Africa has been fixed by statute at ..................... years.